Three year Limitation for Rectification
The Bombay High Court has held that if a Rectification Petition is filed after a period of three years from the date of knowledge of the fact of registration of the mark in respect of which rectification is sought, the same will be barred by the law of limitation.
In the case of Bhagwandas G. Agrawal Vs. Brijwasi Dughdhalaya Private Limited (2003 (26) PTC 329) a single judge of the Bombay High Court has held that a Petition for rectification under Section 56 of the Trade & Merchandise Marks Act, 1958, must be filed within three years when the right to apply accrues. He has held that a Miscellaneous Petition seeking rectification of a registered mark is an ‘application’ within the meaning of Section 2 of the Limitation Act 1963 and Rule 826 of the High Court Rules (O.S.). Under Article 137 of the Limitation Act, the period of limitation for ‘any other application for which no period of limitation is provided elsewhere’ is ‘three years’ and the time from which this period begins to run is ‘when the right to apply accrues’.